Lanier Harvard Settlement: A New Dawn

By Darius Spearman (africanelements)

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Reclaiming Ancestral Legacies: A Landmark Settlement

Tamara Lanier, a brave descendant of enslaved individuals, has achieved a critical victory against Harvard University. This landmark settlement addresses the deeply problematic use and ownership of images depicting her ancestors. These specific images, captured in 1850, stand among the earliest known photographs of enslaved people in the United States. Harvard University has now agreed to release these powerful images, and a confidential monetary settlement has also been reached with Tamara Lanier. Furthermore, the images will find their rightful home at the International African American Museum in Charleston, South Carolina (People.com).

This settlement represents a moment of profound significance for the African American community and for all who champion historical justice. It acknowledges the exploitation and dehumanization embedded in these images, offering a path toward rectification. Moreover, it sends a clear message that institutions must confront their past and reckon with their ties to slavery and racial injustice.

The Troubled Origins: Daguerreotypes and Discredited Science

The images at the heart of this dispute are daguerreotypes, an early form of photography. Daguerreotypes are unique, mirror-like images created by coating a copper plate with silver, then developing it in mercury vapors (The Metropolitan Museum of Art). Each daguerreotype is a direct-positive print, meaning it has no negative, and the images are reversed, appearing mirrored (Nantucket Historical Association). These early photographs were quite popular in the United States during the 1850s, especially for high-quality portraits in major cities like Boston (National Gallery of Art).

However, the daguerreotypes in question were not commissioned for respectful portraiture. Instead, they were ordered by Louis Agassiz, a prominent Swiss-born naturalist associated with Harvard. Agassiz used these images to promote a pseudoscientific theory of racial inferiority. He was a leading supporter of polygenism, a discredited idea that claimed different races were separate creations, thereby justifying racial hierarchies and the institution of slavery. These images, therefore, embody a dark chapter of scientific racism, where knowledge was twisted to rationalize the oppression of Black people.

A Long Fight for Ancestral Dignity

Tamara Lanier’s legal battle to reclaim these images began in 2019 (People.com). This legal fight lasted for six years, navigating numerous challenges (People.com). Despite initial setbacks, Lanier persisted, driven by her deep connection to her ancestors. A significant breakthrough occurred in 2022, when a ruling allowed her to sue Harvard for emotional distress (People.com).

Emotional distress, in legal terms, refers to the psychological harm or suffering caused by another’s actions. In Lanier’s case, this distress stemmed from Harvard’s continued use and commercial exploitation of the images, especially given their historical and personal significance. She steadfastly asserted that her ancestors, Renty and his daughter Delia, never consented to being photographed. They were depicted nude and semi-nude, further highlighting the exploitative nature of Agassiz’s project. Lanier also rightly criticized Harvard for profiting from these images, even using them in a $40 anthropology book (Times of India).

Statistical Snapshot of a Historic Battle

The Length of the Battle

The journey to this settlement spanned a significant period. The legal dispute lasted a full six years before the agreement was reached (People.com). This extended battle highlights the immense effort and dedication required to challenge powerful institutions and seek justice for historical wrongs. It also underscores the resistance faced when demanding accountability for exploitation.

In addition, the images themselves carry significant age. The daguerreotypes are 175 years old (People.com). Harvard will hand over seven photographs, including those of Renty and Delia (People.com). The sheer age of these images and the protracted legal fight demonstrate the depth of historical grievances and the urgent need for their resolution. The numbers tell a powerful story of perseverance.

Key Statistics of the Images

A New Home at the International African American Museum

The transfer of these significant images to the International African American Museum (IAAM) in Charleston, South Carolina, is a deeply appropriate and powerful outcome (Times of India). The IAAM is dedicated to the history and culture of African Americans, with a mission to preserve and showcase this rich heritage. The museum provides a vital platform for understanding and celebrating the experiences of Black people, connecting the past to the present.

Within the museum’s walls, these images can finally be presented with the dignity and context they deserve. Museums often ensure that controversial items are displayed with thorough historical explanations, emphasizing their ethical implications. The IAAM will likely educate visitors about the exploitative nature of Agassiz’s project, while honoring the humanity of Renty and Delia. This move ensures respectful preservation and commemoration, a far cry from their previous use as tools of pseudoscientific racism or commercial exploitation.

Broader Implications: Accountability and Precedent

The confidential monetary settlement received by Tamara Lanier speaks to the legal concept of emotional distress, which is a recognized claim in many jurisdictions for psychological harm caused by another’s actions. While the financial terms remain private, such confidentiality protects parties from public scrutiny and ensures privacy. However, this also means that the public’s awareness and accountability regarding the specific terms of the agreement are limited.

This settlement may establish an important legal precedent for future cases involving the ownership or exploitation of historically exploitative images of marginalized people. It actively recognizes the rights of descendants to claim ownership or compensation for images created without consent and used in discriminatory ways. Furthermore, this outcome highlights the increasing demand for institutions to reevaluate their collections and practices, especially when dealing with controversial materials. Harvard University, like many older institutions, has historical ties to slavery through some of its early benefactors and faculty. These images fit into that broader narrative, representing a period when the university benefited from or supported activities linked to slavery and racial discrimination.

A Call for Institutional Review

The broader implications of this settlement extend far beyond Harvard. This case encourages other institutions to reflect on their own roles in perpetuating historical harms. It emphasizes the need for transparency and accountability in managing historically sensitive materials. This victory reminds us that the past is not truly past; its echoes resonate in the living memory and experiences of Black communities. The fight for ancestral dignity and historical justice for Black people continues, and this settlement marks a significant stride forward in that ongoing struggle.

ABOUT THE AUTHOR

Darius Spearman has been a professor of Black Studies at San Diego City College since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.